The Law Offices of Lawrence D. Rohlfing has represented the disabled since 1985 before the Social Security Administration, District Courts across the country, Circuit Courts of Appeal, and the United States Supreme Court.
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Saturday, October 28, 2017

In an earlier post, I addressed three occupations and looked at the amount of standing and walking in the day using the O*NET OnLine. Prolonged Standing and Walking Required of Medium Work -- Three Examples. Never satisfied until the we beat the dead horse to dust -- or as Judge Betty Fletcher said at least twice that I know of, you wouldn't shoot a dead duck twice? As a matter of fact, I would, just to be for sure for sure.

Piling on the O*NET discussion, let's add the Occupational Requirements Survey from the Bureau of Labor Statistics.

Social Security Ruling 83-10 informs the agency that the full range of medium work permits something other than standing and walking during the day:

A full range of medium work requires standing or walking, off and on, for a total of approximately 6 hours in an 8-hour workday in order to meet the requirements of frequent lifting or carrying objects weighing up to 25 pounds.

The agency is bound by that statement. As a matter of administrative notice, the claimant is not bound by the matters set forth in administrative notice. The SSR is not law.

M-Medium Work - Exerting 20 to 50 pounds of force occasionally, and/or 10 to 25 pounds of force frequently, and/or greater than negligible up to 10 pounds of force constantly to move objects. Physical Demand requirements are in excess of those for Light Work.

Not a word about standing and walking. The definition of light work speaks to standing and walking to a significant degree but not generally six of eight hours that SSA describes in SSR 83-10. The question is whether medium requires weightbearing approximately six hours per day or does it require more.

Last week, we took a look at hospital cleaner, DOT 323.687-010, a medium, unskilled occupation. I asserted that cleaners did not get to sit during the day, but did not set forth the work context report from the O*NET OnLine.

94

Spend Time Standing — How much does this job require standing?

80

Continually or almost continually

17

More than half the time

2

About half the time

1

Less than half the time

0

Never

81

Spend Time Walking and Running — How much does this job require walking and running?

70

Continually or almost continually

14

More than half the time

2

About half the time

0

Less than half the time

15

Never

2

Spend Time Sitting — How much does this job require sitting?

0

Continually or almost continually

0

More than half the time

0

About half the time

9

Less than half the time

91

Never

Run the work context report with minimum value of zero and showing all results.

Spend Time Walking and Running — How much does this job require walking and running?

76

Continually or almost continually

1

More than half the time

20

About half the time

1

Less than half the time

0

Never

11

Spend Time Sitting — How much does this job require sitting?

0

Continually or almost continually

0

More than half the time

0

About half the time

45

Less than half the time

55

Never

This occupational group includes cafeteria attendant, a light occupation. The O*NET does not break down less than half the time into more specific data. This presentation confirms that most dining room attendant jobs will not permit sitting.